Fair use Upheld…But Drug Dealer Goes Free

[b_panther_g]

What a bitter sweet victory for fair use…

Here’s the case…

http://www.courts.state.va.us/opinions/opncavtx/0250053.txt

Summary:

In Va., cops, trained by the recording industry, see homemade CDs. The Cops say that seeing homemade CDs gave them probable cause to search the car. They found weed and cash.

Guy goes to trial. Guy gets convicted. Guy appeals.

On an appeal, the court says that having homemade CDs does not give cops probable cause to search someone’s car. (This is good.)

But as a result, the guy gets to go free. (This is bad.)

The Result:

Win 1 for fair use – Lose 1 for the war on drugs

---------------​

2 things come to mind

1. I’m glad the guy who did bad things was sent to jail.
   
   
2. I find it disturbing that the recording industry is training cops to believe that homemade CDs are now probable cause for searching a car.

I can see the recording industry cops at work now…

Cop: What’s that on the seat.

Driver: Ummm, my CD case.

Cop: Are those pirated CDs?

Driver: No I don’t pirate CDs. I just made a couple mix CDs of some of my favorite songs.

Cop: That’s it. Get out of the car! Put your hands behind your back! You have the right to remain silent…

Driver’s kid: Where are you taking mommy?

What a wonderful new world!

Enjoy,
Panther

 

[mike c]

weed AND cash?

everyone here should be arrested half the time then, because everyone brings CASH.

I would understand if they found weed AND a weapon; weed AND a dead girl ... but CASH?!

 

[b_panther_g]

Oops...

They found 3+ oz of weed, a bag of cash (a little over $300), and he admitted to having a gun.

IMO, he was dealing drugs.

Enjoy,
Panther

 

[jonnythan]

Excellent ruling.

 

[JoeE SP9]

Excellent ruling.

DITTO

 

[mustang_steve]

Yeah it's bad that a dealer gets let loose...but time for my possibly unpopular opinion.

Weed is the last thing cops need to worry about....only reason it's even a "gateway drug" is because it's illegal to begin with...and dealers do understand economics enough to know to sell other things as well, since their weed supply can dry up. Thus anyone buying weed will be exposed to other drugs. Legalize it, commercialize it, but tax the ever living hell out of it...and you will more than likely remove most of the bad that has came with it. It will just be a cigarette that makes people act stupid.

I would not say it was a win for fair use, but a win for our rights against illegal search. They used a BS reason to search a car, they did manage to find something, but at the end of the day, they did not go by procedure in this.

Watch as the RIAA probably will annoy this guy soon enough. They are like vultures when it comes to free use. "Ooh, a weirdo who uses his rights, let's feast!"

 

[10010011]

This is not the last time something like this will happen. People get off free due to a "technicality" all the time. Everyone tends to blame the lawyers or "activist judges" but the real culprit in most of these cases is SLOPPY POLICE WORK.

All cops should have to take a year or two of law school as part of their training. As there is more to law enforcement than just going in with guns blazin' and capturing the bad guy.

As for Marijuana being a "gateway drug" it usually is not. Most drug users first drug is alcohol or nicotine, they are the true gateway drugs.

 

[BMXTRIX]

Good thing the guy didn't have a case of beer in the car - he migh have started a serious addiction for someone. Maybe even a minor might have ended up with such a dangerous narcotic.

drrrr.... I see it as a win win on both ends. Cops wasting time on marijuana is a joke.

 

[ironlung]

Was this trip REALLY necessary?

Did you guys see the "Scarriest Police Videos" type show? The one where a little blonde female cop pulled a LARGE (6'6" 300+LB) black man and his girl over for a burnt tail light or something trivial. She takes the driver out of the car to talk to him by the trunk. The cop goes into the usual line of "Any contraband in the car?"

As soon a she asks he comes from downtown with a hook that looks like it will drop a horse and knocks the cop out in one shot. She goes down like a sack. It looks like he then goes to full mount and unloads 5 more bombs on her face out of frame.


Just about every bone in her face was broken. She had years of reconstruction done and will never look or fuction like normal ever again.

Turns out that the man in the car was out of prision on probation(for dealing) and had 2 lbs of Marijuana in the trunk and "can't go back ta jail baby" like he said at the end of the cop car vid before he left the scene.


I don't know why I ramble on. Just a small victory on the war on drugs that made me smile.


P.S. They did catch the "bad" guy and I assume he want to jail far a long long time.

 

[~JC~]

Excellent ruling.

The illegal search and seizure thing is something that we really would like to protect. Allowing searches on such flimsy ground as a home-made CD case is the really scarry part of this story. Talk about your slippery slope.

Ironlung, what was your point, that criminals are bad, or that the entire scenario that you recounted is the direct result of grass?

 

[jonnythan]

The biggest threat to our daily lives in this story is *not* marijuana. It's the gradual erosion of our rights to privacy and fair use by the government.

 

[ironlung]

Ironlung, what was your point, that criminals are bad, or that the entire scenario that you recounted is the direct result of grass?

No, no, no my point is that cops are bad.


Seriously though, the entire scenario that I recounted is the direct result of grass being illegal. What would have happend to her deserving face if he had 2 gallons of Vodka in his trunk?

 

[gmichael]

This is not the last time something like this will happen. People get off free due to a "technicality" all the time. Everyone tends to blame the lawyers or "activist judges" but the real culprit in most of these cases is SLOPPY POLICE WORK.

All cops should have to take a year or two of law school as part of their training. As there is more to law enforcement than just going in with guns blazin' and capturing the bad guy.

As for Marijuana being a "gateway drug" it usually is not. Most drug users first drug is alcohol or nicotine, they are the true gateway drugs.

Very true. People should not get off on a technicality. If they are guilty send them to jail. If the cops got the evidence by braking the rules, or laws, then they should also be in trouble. Fines, loss of job or jail time depending on what was done and why.
This way you get criminals, and bad cops, off the streets.

 

[Rock&Roll Ninja]

Turns out that the man in the car was out of prision on probation(for dealing) and had 2 lbs of Marijuana in the trunk and "can't go back ta jail baby" like he said at the end of the cop car vid before he left the scene.

All he had to do was reach into the unlocked police cruiser and take the camera & tape with him. Could be reading this thread from the comforts of home right now. There should really be a Crime IQ test in highschool.

"I'm sorry Jimmy, but your far to impatient and careless to make it in the lucrative career of crime. Parhaps this pamphlet on potato farming will give you something to think about."

 

[Rob Babcock]

There's is a light-year's worth of difference between illegal and immoral. To this Libertarian, the so-called "War On Drugs" is a farce. It would be more accurate to call it "The War On Civil Liberties." I don't think smoking a joint is any more "wrong" than burning a CD. Now mind you, I don't think it's good for your health, and I fully support stiff penalties for DUI and the like. But just the act of using a chemical on the wrong list is no concern of mine- or the government's.

I'm glad the guy got off, to be honest. The cops were dead wrong and working from a very dangerous premise. Is a 'crime' to be defined now as anything that cuts into the profits of some megacorporation? What if you're pulled over with some photocopies of a news article or some copied pages of a book you're using for a school paper? Will your car and home be tossed looking for evidence of other infringment? Will they check your mattress to see if the tag is still there?

Scary stuff indeed, if you ask me.

 

[Biscokid]

I agree that there are very bad people dealing drugs and they should be stopped. How do you do that you ask? allow good people to do it with taxes!! I am not a complete libertarian in I don't think heroin and cocaine need to be legalized. Mainly because cocaine only comes from bad people who kill judges and what not. Pot being illegal is really a joke and I am all for people getting off on "technicalites". I also don't believe in "technicalites" because you either follow the law or you don't period. Laws were set up for a reason and if the cop does not follow them then they lose. Anyway on that note I am gonna go smoke a joint and get in a fight with a cop.

 

[10010011]

All he had to do was reach into the unlocked police cruiser and take the camera & tape with him. Could be reading this thread from the comforts of home right now. There should really be a Crime IQ test in highschool.

It's a little harder than just reaching in and popping the tape out of the camcorder. The tape is in a locked box, even the officer does not have access to it. Most times the tapes are handled by a seperate department so "bad cops" can not just erase them shaking someone down.

In place of a crime IQ test there sould be a "stupid criminal" fine imposed on stupid criminals. The money from this fine should go straight into the local education system.

 

[ironlung]

Scary stuff indeed, if you ask me.

C'mon Rob. The Gov just wants to put a small camera in your home. It will be for your protection. If your doing nothing wrong you've nothing to worry about.

 

[agarwalro]

I dont care what it takes for someone to loosen up or chill out or unwind at the end of the day, as long as I am not directly or indirectly effected or affected.

To the guy at the bar who is way too drunk; stay away from my table and your car, and tomorrow we will both be happy for it.

To the guy next door who has the big-aass stereo; as long as the walls are not shaking at 2:00am when I am sleeping, I will not call the cops on you.

You see where I am going with this...

 

[b_panther_g]

C'mon Rob. The Gov just wants to put a small camera in your home. It will be for your protection. If your doing nothing wrong you've nothing to worry about.

Hello ironlung,

I’m guessing that you meant the above statement as a joke but it may not be as far-fetched as you think!!!


Read this:

http://www.dallasnews.com/sharedcontent/APStories/stories/D8FPQU300.html


Basically the Houston Police Chief is thinking about putting surveillance cameras everywhere. Including inside private homes!!!

But don’t worry. According to the chief:

"I know a lot of people are concerned about Big Brother, but my response to that is if you are not doing anything wrong, why should you worry about it?"​

_______________​

When I read stuff like this, all I can do is shake my head in disbelief. I mean, what the hell does a rational person say to this?

And I can’t even argue because as a wise person once said…

“Never argue with an idiot. They bring you down to their level then beat you with experience.”​

Enjoy,
Panther